Carroll v Lane Cove Council [2011] NSWLEC 1223

Land and Environment Court New South Wales

Medium Neutral Citation: Carroll v Lane Cove Council [2011] NSWLEC 1223 Hearing dates: 2 and 3 May 2011 Decision date: 03 August 2011 Jurisdiction: Class 1 Before: Murrell C Decision: (1)The appeal in respect of the property known as 24 Wallace Street, Greenwich is upheld. (2)The development application submitted to Lane Cove Council, and as amended and shown in exhibit M, is determined by the granting of consent, subject to the conditions in annexure A. (3)The exhibits are returned to the parties with the exception of C, M, N, O and exhibit 9. Catchwords: APPEAL - Demolition and Erection of dwelling house; impact on heritage conservation area and adjoining heritage items, impact on streetscape, impact on views and privacy; setback from street; height of building and whether trafficable carport roof is appropriate in streetscape and its precedential effect Legislation Cited: Lane Cove Local Environmental Plan 2009 Cases Cited: Botany Bay City Council v Premier Customs Services Pty Ltd [2009] NSWCA 226 (3 August 2009) Goldin and Another v Minister for Transport [2002] NSWLEC 75 Pafburn v North Sydney Council [2005] NSWLEC 444 (16 August 2005) Super Studio v Waverley [2004] NSWLEC 91 Zhang v Canterbury City Council [2001] NSWCA 167 Category: Principal judgment Parties: Greg and Collette Carroll (Applicant)

Lane Cove Council (Respondent) Representation: Counsel Mr G McKee, Solicitor (Applicant)